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(영문) 대법원 2019.02.14 2018다280842

대여금

Text

All appeals are dismissed.

The costs of appeal between the plaintiff B, C and the defendant are assessed against the defendant.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal by the Plaintiff A and the Defendant on the claim amount of Plaintiff A, the lower court, based on the agreement on March 20, 2014, confirmed the claim amount against the Defendant of Plaintiff A as KRW 189,00,000.

In light of the records, the lower court did not err in its judgment by recognizing facts beyond the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the assignment of claims, without failing to exhaust all necessary deliberations as alleged in the grounds of appeal.

2. As to the remaining grounds of appeal by the Defendant, the Cheongju District Court Decision 2017Na12296, 12302 Decided August 28, 2018, rendered as the joint debtor of the Plaintiffs and the Defendant, which held that the Plaintiffs and H agreed on October 17, 2017, which was the date of the distribution of the RR real estate auction case, to cover the money distributed to the Plaintiffs on October 17, 2017, which was the date of distribution of the debt principal, was agreed in the above litigation. However, the allegation in the grounds of appeal that the lower court, which appropriated the said dividends in the order of interest, principal, was unlawful, is only filed before the date of the closing of argument in the lower court, and thus, is not legitimate grounds of appeal.

3. All appeals are dismissed. The costs of appeal between the Plaintiff B, C and the Defendant are assessed against the losing party. The costs of appeal between the Plaintiff A and the Defendant are assessed against each party. It is so decided as per Disposition by the assent of all participating Justices on the bench.